California Man Acquitted of Attempted Murder After Stabbing
Attempted murder is one of the most serious criminal charges you can face in California, and an acquittal is obviously the most ideal outcome. While there are many ways to pursue an acquittal for violent crime charges in California, a particularly popular method involves arguing self-defense. While California does not have the strongest self-defense laws in the nation, criminal courts understand that, in some cases, violence is necessary to save your own life. A recent case highlights when this defense strategy might be effective, but it also shows its limitations.
If you face a charge of attempted murder in California, speak with an experienced criminal defense attorney as soon as possible. Choose Milligan Beswick Levine & Knox, LLP – and work with an established criminal defense law firm in Redlands. Over the years, our defense lawyers in California have helped numerous defendants – including those who faced allegations of violent crimes. Managing partner C. Patrick Milligan earned his JD at Stanford University and has spent years defending California residents.
California Man Escapes Years in Prison After Arguing Stabbing Was in Self-Defense
In November of 2024, various sources reported that a man had been acquitted of attempted murder in California. His defense attorneys argued that although he stabbed someone in his apartment, he did so in self-defense. The victim was found with three stab wounds to the shoulder and neck – and police quickly assumed that the defendant was guilty.
However, new details began to emerge during the subsequent investigation and trial. Eventually, it became clear that this “victim” had arrived at the defendant’s home unannounced and uninvited. He then claimed that his utilities had been shut off at his own residence, and he demanded a place to stay.
Although the defendant allowed the victim to come inside, a verbal altercation soon erupted – presumably when this “request” to crash on a couch was refused. When the victim was told to leave, the altercation turned physical – and the defendant found himself pressed up against the railing of his own balcony. The man who had overstayed his welcome then choked the defendant.
It was at this point that the defendant decided to raise a kitchen knife he had grabbed earlier. He stabbed the aggressor in self-defense, potentially saving his own life in the process.
However, this was not enough to completely escape criminal charges. Although he was acquitted of attempted murder, he was convicted of assault – and he now faces up to four years in prison. The exact nature of his consequences now depends on the sentencing hearing. The judge may decide to take a more lenient approach, especially if the defendant clearly proved the need for self-defense during the trial. It may be that he receives only probation or house arrest.
California has relatively strong self-defense laws. There is no duty to retreat, and even if the defendant did have this duty, they were already within their home at the time of the attack. In almost all cases, defendants can exercise the right to self-defense more easily within their own homes.
So why did this defendant still face assault charges if they were legitimately trying to defend themselves? This may be due to a concept known as “proportionate force.” The attacker had the defendant up against the railing of his balcony, choking him with his hands. While this represented a potentially deadly attack, the jury may have thought that the use of a kitchen knife was “disproportionate.” In other words, the defendant should have used his own hands to fend off the attacker, who did not have a knife.
Regardless, the defendant may be able to appeal the conviction – especially if the need for self-defense was already established during the trial. Along with attempted murder, self-defense is also an affirmative defense for assault with a deadly weapon (ADW).
Self-Defense Is Not the Only Option for an Apartment Stabbing Allegation
Another recent case involving an apartment stabbing also led to an acquittal for a California resident. However, the defendant used a different defense strategy, which was arguably even more successful – despite the fact that she killed the victim.
This case involved a woman who was visiting a new romantic partner at his apartment. During this meeting, the victim encouraged the defendant to take a few “hits” from his bong. Unfamiliar with marijuana, the defendant experienced a psychotic episode after consuming the drugs – one that ended with the victim’s death.
During this episode, the defendant became convinced that her reality was just a hallucination. She believed that her real body was somewhere else and that she was dying. She then experienced audial hallucinations, hearing the voices of paramedics trying to revive her on the “other side.” Next, she became convinced that she had to kill her partner in order to return to the land of the living. She grabbed a knife and stabbed the man over a hundred times before turning the blade on herself – and her dog.
Although she was initially charged with murder, she successfully used a “cannabis psychosis defense” – possibly for the first time in California history. In other words, she established that she was not in control of her own actions at the time of the attack. This defense strategy succeeded because her own medical expert and the prosecutor’s medical expert both agreed that she had suffered a legitimate psychotic episode as a direct result of her cannabis use.
There are many potential defense strategies after stabbing allegations in Redlands, and the most appropriate option depends entirely on your unique circumstances.
Work With an Established Criminal Defense Law Firm in Redlands
Although attempted murder is one of the most serious crimes in California, penalties are far from guaranteed. Defendants may push back against allegations with various strategies, including self-defense or cannabis-induced psychosis. That being said, internet research cannot defend you in court or offer personalized legal advice. For this, you will need to speak with real defense attorneys. Schedule a consultation with Milligan Beswick Levine & Knox, LLP by calling 909-894-0812 – and get started with one of our experienced criminal defense lawyers today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.